LAWS(SC)-2021-5-27

IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC Vs. IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC

Decided On May 31, 2021
In Re: Distribution Of Essential Supplies And Services During Pandemic Appellant
V/S
In Re: Distribution Of Essential Supplies And Services During Pandemic Respondents

JUDGEMENT

(1.) This order has been divided into the following sections to facilitate analysis:

(2.) On 30 April 2021, this Court passed a detailed order in relation, inter alia, to the following issues: vaccination policy, supply of essential drugs, supply of medical oxygen, medical infrastructure, augmentation of healthcare workforce and the issues faced by them, and issues of freedom of speech and expression during the COVID-19 pandemic. In its order, this Court had noted that its observations and directions were in consonance with a bounded-deliberative approach[3] and hence, the UoI was directed to re-consider its policies on the above issues, taking into account this Court's observations.

(3.) Following the order dated 30 April 2021, another two judge Bench of this Court heard a Special Leave Petition[4] against an order of the High Court of Delhi in relation to the supply of medical oxygen to the National Capital Territory[5] of Delhi. During the course of the proceedings in that matter, the Bench primarily issued directions in relation to the supply of medical oxygen to the NCT of Delhi. However, through its order dated 6 May 2021, it also constituted a National Task Force to provide a public heath response to the COVID-19 pandemic on the basis of a scientific approach. The terms of reference of this National Task Force included, inter alia, assessing and making recommendations for the need, availability and distribution of medical oxygen; devising a methodology for allocation of medical oxygen and periodical review of the allocation based on the stage of the pandemic; providing recommendations for augmenting the supplies of oxygen; facilitating audits in each State/UT to determine whether oxygen supplies had reached its destination; efficacy, transparency and efficiency of the distribution networks within the State/UT; providing recommendations for ensuring availability of essential drugs, augmentation of medical and paramedical staff, management of the pandemic and treatment of cases.